OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Chattanooga Beer Board Regular Meeting - November 20, 2025

City Council & City BoardsThursday, November 20, 2025
BodyChattanooga, Tennessee
SessionCity Council & City Boards
DateThursday, November 20, 2025
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
6:28

Good morning.

6:28

I'd like to call this meeting of the Chattanooga Beer Board to order.

6:32

And welcome to everyone.

6:35

All meeting attendees must sign in at the designated sign-in sheet to meet the requirements of the sunshine law.

6:41

Please at this time silence all of your electronic devices, either turn them off or mute them so we won't have any disruptions.

6:58

And please speak up.

7:01

First item on our agenda is uh a notation that on the October 2nd, 2025.

7:08

Uh there was no meeting because we did not have a quorum.

7:12

And then the second item is the approval of the minutes of November 6, 2025.

7:17

Is there a motion to approve those minutes?

7:20

So move.

7:21

All in favor of approving the minutes signify by saying aye.

7:25

Aye.

7:25

Opposed.

7:27

Okay.

7:29

All right.

7:29

Uh anyone wishing to come before the board today uh at this time the our court reporter will swear you in.

7:36

If you're going to come up and speak before the board, you need to be sworn in at this time.

7:47

Anybody that's going to be speaking to that one.

7:54

That the testimony you're doing today will be the truth.

7:57

And I think about the truth.

7:59

I do.

8:00

Very good.

8:02

Um we have uh beer applications approved by the regulatory.

8:08

We have none.

8:09

Do we have any to uh uh add to that list at this time that have been approved since this was published?

8:16

Uh yes, I believe so.

8:18

Um the TE 106, the Smart Music Project was actually approved.

8:25

And uh TE 108 was also approved as well.

8:34

Okay, so then that takes us to Smart Music Project, Christ Kindermart, Robert Davis organizers.

8:42

Anyone here for that group?

8:47

That was approved.

8:50

E107 was not approved yet.

8:54

Oh wait, it was just it was approved.

8:56

Oh, it is approved, Bertha.

8:58

I'm sorry.

8:58

Okay, didn't see you there.

9:01

All right, thank you.

9:02

Gotcha.

9:03

Uh TE 108 has been approved.

9:05

All right, so that takes all of the uh special permits.

9:09

All right, new beer applications.

9:12

Uh Bertha has uh first item is Heat and Cush LLC beer 1355.

9:20

Have any of these been approved?

9:26

Uh they weren't sworn in.

9:28

Yes, she was sitting there.

9:29

She doesn't stand out.

9:30

I agree with that.

9:35

They have or have not been approved.

9:38

They have.

9:39

They have been approved.

9:40

So that you don't need to come speak before us then unless we just they have been approved.

9:47

So you guys are already approved.

9:49

Yeah, you're approved and ready to go.

9:52

So I think we've got another question.

9:55

Or license.

10:13

Are you saying this is an old license?

10:15

Yeah.

10:16

Okay, and so you're one to surrender it.

10:18

Yes, the new line.

10:20

Okay.

10:21

You send the copy an email.

10:24

Yes.

10:25

So it should it should come through the software system.

10:27

You know, once it's approved, it'll send you guys an email, and then you can print out the new the new form.

10:32

So it's already up there, right?

10:34

Yes, it is.

10:36

Thank you.

10:36

Very good.

10:37

Thank you.

10:38

Thank you guys for coming.

10:38

Good luck.

10:41

Okay.

10:43

Uh, sorry, I just want to be clear.

10:45

That was heat and cushion.

10:48

Is that what that was?

10:54

So they had a license?

10:56

Is this new ownership?

10:58

Isn't that what we're doing?

11:01

It's new ownership.

11:03

Changing ownership.

11:05

Is this the old Frank store?

11:07

It used to be Frank's grocery.

11:10

I thought somebody else came in here and we approved somebody else.

11:14

I was walking slow to go there.

11:16

That was.

11:17

It was a whole nother entity just a couple months ago.

11:23

And we sent uh sergeant to go investigated and to bring them forward because we had some issues with the license.

11:37

Is that right?

11:38

That's correct.

11:39

Okay.

11:40

Yeah, if it's the Franks that's on Tonne Boulevard.

11:44

Is that what that is?

11:45

The change of ownership.

11:46

Yeah.

11:47

Um is me and Christie the only ones that remember that.

11:51

Just as a point of note, that must have been before my time.

11:53

That was.

11:54

It was.

11:55

I don't know anything about what it's you don't remember.

11:57

I do.

11:58

It was a younger gentleman that came in there.

12:00

That is correct.

12:01

They were signing the uncle or somebody was signing it over to him.

12:04

That's right.

12:04

And he was gonna still be a part, but but it was just an exchange.

12:09

The guy the younger guy was coming forward.

12:13

And it looks like he's sold the business.

12:16

I can't speak on it.

12:18

I just all right.

12:21

So move.

12:24

Well, thank you, Christy.

12:25

I thought I was going kind of so high.

12:28

Martha, I'll let you read the next one, please, ma'am.

12:32

Number two.

12:34

Um is J Hot Ma doing business at NAPCO number 876.

12:47

I make an application to engage in the sell of carry out beer at 200 Browns Ferry Road.

12:53

But you have not had a beer permitted to pass.

12:56

The pending application reflects a change ownership.

12:59

The business was formerly MAP CoExpress 8.5, owned by Marvin Kelly Kewat.

13:09

The location is owned by major management, and it's held up by phone.

13:17

It's approved.

13:18

I actually just approved it.

13:20

The um I was waiting on an answer back if they were still sales that were occurring.

13:26

It's very, very close to a protected property uh within defeat.

13:32

So I just wanted to know if they were continuing still selling, then that was within six months, then that didn't matter anyway, and I didn't have to really go any further into the justice check.

13:42

So they did confirm that they were approved.

13:45

They hadn't completed the deal yet, so I've just approved it.

13:49

Okay, so that's been approved by regulatory then will be approved by the zoning.

13:56

Oh zoning, excuse me, I'm sorry.

13:58

It was approved by regulatory.

14:00

Well, it looks like it's been approved.

14:02

Yeah.

14:02

I just approved it.

14:04

Very good.

14:04

Okay.

14:08

All right, Bertha.

14:10

Number three.

14:11

Um three is summit art ink for a business as Arlery.

14:19

Curtis Anderson has made an application to engage in the consumer beer at 516 Main Street.

14:25

Mr.

14:25

Anderson has not had a company in the past.

14:28

The pending application reflects a change of ownership.

14:31

The business was formally square PAX Entertainment.

14:35

Join business as tax proved operated by John on the Lillo.

14:41

The locations owned by Coffee Monkey L L C and the Zone UCA.

14:50

All right.

14:51

Is this one been approved by regulatory?

14:55

I don't think it has.

14:56

I don't know.

14:57

No.

14:58

This is this one looks like it's been held up by legal.

15:00

I haven't approved it because I think there's an issue with I have a question about the fire inspection.

15:08

Okay.

15:09

Um part of it failed, and it noted that it would be reinspected, and I don't know if that's occurred yet.

15:15

Are there any representatives here for that business?

15:18

Yes, sir.

15:19

Okay.

15:20

Um are you uh step up to the podium, please and state your name?

15:24

Swanman or need to be sworn in also.

15:28

Yeah.

15:30

Are you on hand please third?

15:38

Yes, I do.

15:38

What is your name?

15:39

Curtis.

15:40

K-U-R-T-I-S.

15:41

Anderson.

15:42

S O Nurtis, if you had the re-inspection yet, uh from fire department.

15:49

Correct, I have.

15:50

So that was a supplementary attachment to the um application.

15:55

When did you attach it to the application?

15:58

Uh maybe a week and a half, two weeks ago at this point.

16:02

I can double check it and make sure it's up there.

16:05

Yeah, I looked at it yesterday and I didn't see it, but I'm double checking to make sure.

16:09

Let us check it here real quick.

16:10

Sure.

16:12

Have the document that they gave you.

16:15

Uh just digitally on my on my you know, computer or something.

16:18

I can open that up if you like.

16:20

That might be happen.

16:22

Beer 1375.

16:27

Yeah, I don't see it on here.

16:28

So the issue, just for point of information, was uh there was like a door in the back that um needed a lock replaced so that you could look uh open it from the inside.

16:38

So I did do that and sent the picture to the fire marshal, and then he followed back up with uh a second inspection report.

16:46

That was all great.

16:48

Okay.

16:49

Oh one second.

16:56

Did you upload it on November the 11th?

16:59

Does that sound about right?

17:02

The fire possibly, yeah.

17:04

I can't say it was the inadequate uh exterior access.

17:19

Uh sounds about right, yeah.

17:25

Okay, I think I see it.

17:29

It has the same file name just with a dash two at the end.

17:32

I got a copy of it right here on my computer.

17:34

If that's if you'd like to see it.

17:37

Yeah, okay.

17:38

I I see it now.

17:39

So I can sign off on it.

17:41

All right, good.

17:42

So she uh the legal will sign off on it, and you'll be able to proceed uh getting your license through the system, and everything will be ready to go.

17:50

Great.

17:51

Hopefully, we're open by mean by 24.

17:53

That's that's an important event for us.

17:55

Good.

17:56

All right, good luck with your business.

17:57

Thank you, sir.

17:59

All right, good.

18:02

Okay.

18:08

Where's it located?

18:09

You gave a different address when you spoke on it on that.

18:12

The papers are 74 Stop View.

18:14

That is totally not a tower.

18:15

It is 516 East Main Street.

18:18

I apologize.

18:19

Okay, we said Main 24, then they'll have a Starview Lane.

18:22

Okay, okay.

18:23

560 East Main.

18:26

East Main Street.

18:28

Okay.

18:32

Okay.

18:33

All right.

18:34

Let's let the record reflect that change in address, please.

18:38

Thank you, Ms.

18:39

Bunny.

18:40

Okay.

18:47

Okay.

18:53

All right.

18:54

Now we're going to uh our discussion section of the meeting.

18:58

Uh bear violations from October 16th meeting.

19:03

Um make a notation that the fine has been paid by Circle K where it wasn't last meeting.

19:15

As a side note on that one, um, I think Mr.

19:18

Cole, you had uh requested some clarification on the deadlines and on the form that Miss McDonald sends out.

19:26

It clearly states on there that it's within seven days of the violation.

19:30

Uh-huh.

19:31

So I think that oh, then that should be the form that they're actually getting when they're violated.

19:36

So they should know that they should have to pay within seven days.

19:40

Okay.

19:41

Thank you, sir.

19:41

But they're they're paid.

19:42

That's the main point.

19:43

Yes, sir.

19:44

Right.

19:44

Got it.

19:45

Okay, very good.

19:47

Okay.

19:47

Um discussion from November 2nd meeting.

19:52

Um Zach had made a Ashley made a motion to have the regulatory unit visit Cabana, Shady Corner, and Let's Paint and Report back.

20:02

Uh can you kind of give us an update?

20:05

I can.

20:05

Yes, sir.

20:06

Go right ahead.

20:07

So all of these places were already on our radar.

20:12

So I'd already visited those before.

20:14

Um so these were actually return visits uh that were already scheduled for that Friday, even though you guys were unaware of that on that Thursday.

20:23

Umetheless, uh, I did revisit cabanas.

20:28

Um their beer license expired December 31st, 2024.

20:35

Um I believe they explained to Miss Bertha that they didn't renew it because they were undergoing some sort of construction, like remodeling or whatever, but then they never they never went back and renewed it.

20:50

Um we give them a chance to bring it up to date.

20:55

Still didn't do that.

20:56

So I issued a violation.

20:59

Uh that date will be December the 18th for the hearing for operating without a beer permit.

21:07

Okay, and just for point of clarification.

21:10

Are they still operating then now?

21:12

They are still operating because they do have a valid uh ABC license.

21:18

Uh they can serve liquor.

21:19

Oh they have an ABC license.

21:21

Okay.

21:22

So are they allowed to serve beer?

21:25

No.

21:25

No, they cannot serve beer right now as as we speak.

21:29

I'll find out.

21:30

Um that's been explained multiple times.

21:33

Great.

21:33

I also have a mechanism mechanism in place to go back by and randomly check to see if they're complying with that.

21:41

Um it should also be noted that the way the ordinance is written, they he can't renew this now.

21:48

This beer permit is dead.

21:50

If you let it expire for 30 days, you gotta go back through the entire system.

21:55

I explained that to him as well.

21:57

He he has to reapply and go through the entire steps all over again.

22:01

So he's very well aware of what he's gonna have to do.

22:05

And I I will also like to say that he came by our office and I spoke with him as well and informed him of the same things.

22:12

Okay, so before you move forward, sorry, can I ask a question?

22:15

And you cited him for December 18th, operating without a beer license.

22:20

Did you see them serving beer at that time or just because they were open, you cited them because of the license?

22:29

No, I went in and do a compliance check, and they were absolutely serving beer and people were partaking in front of me, which I have the body cam evidence to to prove.

22:38

Gotcha.

22:39

Thank you, sir.

22:40

Also, have multiple other visits prior to that showing that they're still serving beer prior to doing the citation.

22:49

Right, right.

22:50

Okay.

22:50

So this right here would be the first citation for that.

22:52

There's been nothing subsequent after that.

22:55

So as far as I know right now, he's not selling beer.

22:59

If I if I find another violation, I will absolutely cy for that and bring that before you guys.

23:04

Did you notice when the liquor license expire?

23:07

Uh January the 26th of 26th.

23:11

Oh my understanding you're gonna steal they're still on your random checklist.

23:20

Absolutely.

23:20

Okay, absolutely.

23:21

That's more than random.

23:23

Okay, yeah.

23:24

Um shady comer.

23:26

What's that probably for the board once about them uh being able to purchase beer if they're not how does that work?

23:33

If they're if they are in violations, does the distributing company not be able to sell them beer?

23:43

I know probably you probably can't answer that or whatever.

23:45

How but I'm just curious how that works.

23:48

I think that was brought up before by him.

23:50

He said that they don't I believe Mr.

23:53

Davis could probably answer that better than I could, but I believe you're exactly correct.

23:58

You know, if their permits expired, I'm not 100% that they can sell to them, but I would I would let him speak to that.

24:04

Costco or Sam's right to swear him in Catherine.

24:10

I didn't get scored in.

24:11

Yeah.

24:12

Just almost where it worked on the testing or not.

24:15

Yeah, the truth all truth and nothing.

24:18

Yes.

24:20

Eddie Davis with Tri Star Beverage.

24:24

And to answer the question, if they do not have an active beer permit, not saying it's suspended, it is totally, you know, get less for better words.

24:33

They don't have a beer permit.

24:34

We cannot sell to them.

24:36

We cannot sell alcohol to them if they don't have a legal beer permit.

24:40

Now, if it was suspended, we'll still be able to, but as long as it has been revoked or they do not have one, we cannot sell beer to them legally.

24:49

Eddie, is that a determination that the route person makes when he goes in and looks, or is this something that's what I will be doing is documenting this situation on a form and send it all to the area managers, which they will pass that down to the actual salesman.

25:00

What I will be doing is documenting this situation on a form and sending it all to the area managers, which they will pass that down to the actual salesman.

25:04

Okay.

25:04

And then that'll just be that.

25:07

Okay.

25:08

So Mr.

25:08

Eddie, what I'm hearing you say is the route, the delivery driver now during their delivery will be checking.

25:16

Is that what I'm hearing?

25:18

Because I'm just trying to see in the midst of their deliveries.

25:20

Yeah.

25:20

How you know if they expire suspended or not?

25:24

Well, the salesman will go in first and of course make the order, then the deliveries delivered the next day.

25:30

We're 24 salesman's 24 hours before delivery.

25:34

Now, and I'm not saying that they can't drive to Georgia.

25:38

Right.

25:39

Right.

25:39

And buy this.

25:40

Right.

25:41

But we will not be selling the anytime you go into a convenience store or something you see in Tennessee and see a 30-pack or anything like that, they went to Georgia and bought that.

25:52

And then sometimes it's just a phone call.

25:54

Salesmen do not come.

25:55

It's a phone call say, hey man, I need 12 cases.

25:58

That's correct.

25:59

And our system will block that.

26:00

Okay.

26:01

Okay.

26:01

Once I report it in.

26:03

I mean, of course, if they order today, you know, and I don't have to go there and physically, you know, look through the orders and make sure that they're not receiving one.

26:11

But y'all are trying to do your due diligence to make sure they're authorized to buy a beer.

26:15

Yes, yes.

26:16

Bertha's very, very, you know, letting keeps me informed which accounts, businesses are not compliant.

26:25

Okay.

26:25

But you're not the only distributing company.

26:28

I am not.

26:29

No, there's two other ones in Chattanooga.

26:31

Well, actually, three other ones.

26:32

Right.

26:32

How do we get the word to them as well?

26:37

So it's the birthday.

26:38

And I appreciate you.

26:39

Let me go on record.

26:40

Thank you, because you're here every meeting.

26:42

Uh how do we get the other reps here so they can be aware of what's going on and what's not going on?

26:50

I don't know if that's a requirement, if that's not, I appreciate your due diligence.

26:54

Yeah, it's just a we're our company wants to be a good steward of our business.

26:59

Right.

26:59

I mean, it's sometimes it's not a good time, bad things happen.

27:03

Yeah.

27:04

Okay.

27:05

And I'll bring that up in our discussion because if you have to well, there's not a catch in the system, like this has been expired for over a year.

27:19

There's nothing in like a general system that says, how do we let it go on that long?

27:24

We applied for a catering license and I was denied all service that whole week and had to prove no, I didn't change ownership, no, I didn't get a new license.

27:32

I'm getting an additional license.

27:34

And it was like that instantly.

27:36

So there should I feel like there should be something.

27:40

I mean, with me, I I'm a small business, they check every year.

27:44

They they're like, hey, you got a couple more weeks to get that license renewed, or you're not gonna get any more alcohol.

27:48

Your distributors.

27:49

My distributors do, my salespeople, which I mean I've had them forever, but they know that because they're looking in their system.

27:56

But the beer distributors don't do that.

28:00

My beer, my beer people do.

28:02

So I don't know if that's maybe something the companies will do.

28:05

I two different ones.

28:06

They all they all desp expire at different months, I guess, but maybe once a month.

28:16

I do think it's it seems like the distributors should as well.

28:19

Oh, okay.

28:20

Is what I'm getting at.

28:21

Like I know when my license is gonna expire, but I've got one business to worry about, not thousands.

28:26

Right.

28:26

Yeah, I don't think our beer code directly addresses this distributor checking issue, does it?

28:34

The notices go to the permittees.

28:36

To the permit is that hey, your beer license is going to expire, and it all expires on December 31st of every year.

28:44

It doesn't matter if you just get it in December, it expires in a month and you have to renew.

28:49

Okay.

28:50

So that's that's how those those permits are.

28:53

And that's via the portal though.

28:54

Correct?

28:55

Is that just that's the only way it's coming?

28:57

It's via the portal, sending an email.

28:59

Is that what it is?

28:59

No, treasurer's office.

29:01

All right.

29:02

How do the supplier get it?

29:05

The notice.

29:06

They don't.

29:07

That's the that's the point.

29:09

No one you hear it.

29:10

The permittee gets it.

29:12

Well, that's what I'm talking about.

29:15

The distributor look it up though to make sure that all of their all of their accounts are up to date in January.

29:22

No.

29:23

I don't know the answer to that question.

29:25

No, that's good.

29:26

Well, it kind of files back.

29:28

I get what she's saying.

29:29

It files back on if I'm selling you beer.

29:33

That person that's supposed to be, I guess, will be Mr.

29:37

Davis in their company, they need to look and make sure that all of their uh their um vendors are up to date on their ease.

29:46

It's true, but we are the ones the license holder is the one that swears I'm gonna follow all the rules, so it doesn't fall on them.

29:55

And I guess for the majority, people are doing what they're supposed to do.

30:00

You're gonna run into situations where something falls in the cracks, and then we find out about it and fix it.

30:05

Two years it's putting a lot of a burden on them.

30:09

That is true.

30:10

I mean, usually first a year it'll show up on their iPads when they go into the account, license has expired, and they usually communicate with the owner, supposed to, I'm saying this is policy for our company.

30:23

They take an actual they have to post the beer license in the premises somewhere, and they're supposed to take a picture of this license and resubmit that to our accounting firm, and then after so long.

30:35

I'm not saying it doesn't fall through the cracks, I mean I'm sure it can.

30:39

Yeah, uh is there a somewhere in dot gov that we can look and verify if someone does have a legal beer permit?

30:48

That would be um a great tool.

30:51

I don't know that question.

30:53

I don't know that question anyway.

30:55

So this would be the million dollar question, right?

30:57

Because we're dealing with open gov.

30:59

Yeah, and you know, to to this exact conversation, this is how a business would slip through the cracks because the truth of the matters is you guys already nailed it.

31:15

But none of us knew anything about that until it was brought to my attention.

31:19

And the minute that it was brought to my attention, I went in and looked and found that it was expired and then took action.

31:25

But it takes somebody bringing it to your attention because the even the open gov system doesn't even alert us that something has expired.

31:33

Right.

31:33

Oh Eddie.

31:35

Also stated they could they might not be buying it from y'all.

31:39

They could be going somewhere else.

31:40

That's correct.

31:41

I know you can't speak for the other distributors, of course.

31:44

But would you say that your system of sales and then ordering is a standard practice in the industry?

31:51

Yes, I would say that.

31:52

You know that there's that that's two-step process.

31:56

You have to the salesperson either call phones them or calls them and then puts the order in and then delivery makes the the order.

32:04

Well, yeah.

32:06

In the last two years, we have come on to an online profile where the salesman won't have to make that physical call.

32:13

They can actually place the order online, right?

32:16

Um, and then you don't have to have a salesman go by there, and they're just right.

32:20

But the salesman is res that's his account.

32:23

It's correct.

32:24

Okay.

32:31

All right, very good.

32:31

And we only speaking of those who are going through the distributing company.

32:35

That's good because there are some that just go to the convenience store.

32:39

That is very and I don't know.

32:41

That's where it comes back to SARS.

32:42

How do we catch those who are under the radar?

32:46

Right.

32:48

I mean, it's it's gonna take it's gonna take someone to bring it to our attention, and then I'm gonna have to figure out how to prove it.

32:55

Right.

32:55

You know, that's it's gonna be the uphill battle is proving where someone actually uh received it from.

33:00

It's easy, it's even easy for Mr.

33:02

Davis to tell me, hey, we didn't sell that.

33:04

Yeah, I mean, but that's one of how many people that sell beer.

33:08

Oh, how many selling beer without a beer license as well?

33:13

So uh you know it's just gonna take somebody having knowledge and then being willing to pass that along to one of us, and then us having the ability to investigate just to take it to the crypto.

33:27

I mean the one account that I can particularly pick out is not in the city, it's it's in each ridge.

33:33

Uh years past they've ordered X amount of cases this year since January they've ordered zero, and I know they're still selling beer there.

33:45

So where are they getting it at?

33:46

Yeah, it's cheaper than we're not saying there.

33:48

I'm telling you, it's what that is.

33:50

Yeah, it's uh absolutely east ridge, but I'm just saying it's the consumer warehouse business.

33:58

Yeah, I'm not gonna say names, but it's the consumer warehouse business, right?

34:02

Okay.

34:04

All right.

34:05

Can I ask a clarifying question?

34:06

Yes.

34:07

Do the distributors do they have to be issued a permit through us to distribute beer?

34:12

They don't, so I don't even know if we'd have an enforcement mechanism regardless against the distributor.

34:18

We have a distributed point through Hamilton County because our actual physical address is in Sunny Basy, Tennessee.

34:23

Yeah, uh, we get it to the county, and we do have a retail license to the county.

34:29

Yeah, I don't I don't know that that would be as much of an enforcement part as it would be collaborating with these guys because they're they actually assist us in doing our job.

34:41

Yeah, thank you.

34:42

All right, very good.

34:43

All right, thank you, sir.

34:45

Uh and uh interesting.

34:48

Let's see here.

34:49

All right, so uh compellants.

34:52

Shady's corner.

34:53

Yeah, yes, sir.

34:55

Um I did I did visit Shady's corner.

35:00

Everything with the permits are are good.

35:02

Um with all that being said, I can 100% tell you that they have a parking lot issue.

35:08

Um after a certain hour, you have a lot of patrons and a very small place.

35:14

Uh I believe I was told they have seven parking spots.

35:18

Those are gone really fast, and now you're left with a plethora of people that are attempting to find a place to park.

35:28

Um that's gonna be in front of residents.

35:32

Um there's like a little triangle across the street from Shady's.

35:37

It they'll just pack in there however they can.

35:40

You know, that that can create its own problem in itself, but you know, it everything with this parking situation is a snowball effect.

35:48

You know, you you address one thing and it creates another issue.

35:52

Um of the work they're doing on that side street there, they have no parking signs up.

35:59

That's great.

36:00

People call the police, we come enforce that and tow cars and get cars out of there, and then guess where they park?

36:07

Right back in front of the residence house.

36:09

Right.

36:09

So now the residents are blocked in.

36:11

The residents can't go anywhere.

36:12

It's a it's literally a double-edged sword.

36:14

And I don't believe that there's anything that I or this board can do about a parking situation.

36:21

Um the people's coming, uh, they're gonna have to have a place to park.

36:26

And this is gonna hold true with just about any business.

36:31

Um not making light of shadies, but let's fast forward to let's paint.

36:36

Yes.

36:36

They have a very similar issue.

36:39

Um she has a parking lot that's fairly large adjoining her business.

36:45

However, it's now paid parking, and she only has three parking spots for that entire business, three.

36:53

So in theory, anyone that's going to less paint, if they're not in one of those three parking spots, are gonna have to pay to park.

37:01

Then the question is is who's gonna be out at 9 10, 11, 12, 1, 2, 3 o'clock in the morning enforcing that particular paid lot, right, which is going to create another issue because now we're gonna have disorders and a lot over paying.

37:17

Right.

37:17

And we have condos that are literally 50 feet right there.

37:21

Right.

37:22

Someone's in a bedroom trying to sleep.

37:26

I'm not 100% how we fix that.

37:28

Um it's a legal business.

37:31

Uh it it appears that she's in compliance with with everything according to the code.

37:36

Um, but the parking lot is 100% going to be a uh situation there that's gonna have to be dealt with and that way or the other.

37:43

And that will push the people parking in into the resident more into the residential area as well.

37:48

100%.

37:49

So if you if you put somebody in theory, you put somebody out there to enforce this lot, and you know you're gonna pay to park here, then it's gonna push them out to the neighborhoods, the adjoining neighborhoods, right, you know, main street, whatever.

38:03

Um, you know, well, we could deal with Main Street.

38:05

That would actually be pretty easy, but that's probably not gonna be where they're gonna go off the beaten path to somebody's house.

38:11

Right now, they're gonna be parked in front of their yard, blocking their driveway.

38:14

Right.

38:15

This is where your property crimes are gonna start occurring, you know, the disorderly conduct, noise, everything we're trying to avoid.

38:25

Um, so the parking lot's a problem, but I'm not a hundred percent that in enforcement is going to fix the problem.

38:31

Uh, I believe that's most likely gonna make it worse.

38:35

Um they the night that I visited them, they were actually closed, uh, which was a Friday night.

38:42

I thought that was odd, but um nonetheless that gave me some time to do a lot more research on the permit.

38:48

I did happen to notice on the permit that uh I don't know if this was a a change in business model from the time that she applied to now, but a lot of the problems that we're talking about with that particular business is happening um in the early morning hours, you know, one, two, three o'clock in the morning.

39:06

But on her permit, she has her business hours listed as 10 a.m.

39:10

to 10 p.m.

39:12

So uh that would be a question for this board in terms of enforcement and the permit itself.

39:18

If you're listing your business hours 10 a.m.

39:20

to 10 p.m.

39:21

but you're not closing at 10 p.m.

39:23

What does that mean?

39:24

And how does that look to you guys?

39:27

Because the truth of the matter is if she was closing her business at 10 p.m.

39:30

at night, we likely wouldn't be having this conversation.

39:35

However, that that that's cutting into her pocket as a business, right?

39:39

You know, to say that she has to shut it down at at 10 o'clock because that's what she has on her permit.

39:45

I would leave that for the board's discretion to determine what what you would like to do with that.

39:50

I think she did mention that she does have a restaurant permit too as well.

39:54

She did.

39:55

So are you saying the rent uh permit as well?

40:00

Right.

40:00

Yeah.

40:01

Yeah.

40:01

So that may that that might be how she's allowed to get around the the time frame.

40:08

If you have a beer permit, can you change your hours?

40:10

You have to you have to uphold the hours you put on the application?

40:16

Or you just have to follow the rules to be done by what is it, two o'clock?

40:20

Okay.

40:20

Well, I mean, that's a good question, and I think that's something that needs to be addressed in the ordinance.

40:25

As of right now, there's nothing in the ordinance that requires you to report back if you change your operating hours.

40:31

As long as you're done by 3 a.m.

40:35

You're good to go.

40:36

So that essentially was my question.

40:40

Is you know, it's it's not really addressed anywhere, you know.

40:43

So how how would you guys like to go forth in terms of enforcement, you know, be done by the legal time of 3 a.m.

40:51

or go by what she's listing on on a permit?

40:54

Uh I would assume going by the law which says 3 3 a.m.

40:58

Right.

40:59

Um, as far as the restaurant goes, you know, she can operate as a restaurant, she can operate as a restaurant past three o'clock.

41:06

It's just the alcohol has to be put away at three o'clock.

41:08

Right.

41:09

And there can't be any remnants, um, can't be sitting on a table in a garbage can, all that's got to be cleaned off and taken out.

41:15

Yeah, and I think she understood that.

41:17

Um as long as that's occurring by 3 a.m.

41:20

Everything's good with staying open.

41:22

Um the other problem that we run into though is when you're open past 3 a.m.

41:27

People like to congregate in your lot, and then that's where if you don't have a really really strong security team that is going to tell these people you cannot hang out here.

41:38

You either have to come inside and purchase food or you have to leave.

41:42

So, you know, a lot of examples have been batted around like IHOP and Waffle House, you know, these are restaurants that stay open late, and that is 100% true, and it's 100% legal.

41:52

But if you drive by one of those establishments, you don't see people hanging out in the parking lot.

41:56

They're either inside eating or they're going to their car and leaving.

41:59

You know, so that's the difference.

42:02

So as long as you have really good enforcement in the lot to try to mitigate those noise and disorder complaints, it's all good to stay open as a restaurant, you know, especially if you're continuing to make money and there's people there to support it, right?

42:17

So be it.

42:18

Right.

42:19

Sorry, I want to go back to Shady's and then go back to two weeks when we had a meeting.

42:27

From what you heard in the meeting two weeks ago, to you doing your investigation on that Friday.

42:36

Do you see anything that the people were saying according to what you I know you said they were compliance, but did you see any of that anything that really brings a red eye besides the parking?

42:51

Well, I mean, a lot of that is intertwined together.

42:54

Uh you know, when people are having to walk because of parking issues, they're gonna talk loud.

43:01

So uh did I hear noise issues?

43:04

Sure.

43:06

Um did I hear disorders?

43:08

No.

43:09

Uh I actually stayed out there for about two hours uh of going in and then just hanging out in the neighborhood, observing um, you know, I didn't make my presence known.

43:20

I wanted to see, I wanted to see it for what it was without thinking that there's oversight watching them.

43:27

Um mostly it was young adults being young adults, you know, they're just talking, they're laughing, they've been drinking, they're having a good time, they're being loud without the thought process that there are residents right here.

43:41

You're parked right in front of somebody's house that's trying to sleep.

43:45

They're not out partying having a good time like you are.

43:48

They're trying to live life in their house at two o'clock in the morning.

43:52

Um it's problematic.

43:54

Did I see it?

43:55

Absolutely.

43:56

Is there something that I can do about it legally?

43:59

I'm not a hundred percent on that.

44:01

Um I would have to defer to this board and most likely a city council to try to determine what the right answer is for this particular bar.

44:13

Um, you know, I I heard this from someone else.

44:16

I'm not gonna take the credit for it, but uh are you a neighborhood bar or are you a bar in a neighborhood?

44:24

And that makes excellent sense to me because if you're a bar in a neighborhood, yeah, you don't care.

44:31

You're just there making money.

44:32

Right, yeah, right.

44:33

But if you're a neighborhood bar, you could buy you're a good neighbor, yeah, and the residents around you are happy that you're there.

44:42

You know, you you see the difference in in those two things.

44:45

So um I've reached out to Shady's a couple of times with no luck of getting in touch with them.

44:51

Uh it appears that the owners live out of town.

44:54

So I'll continue that venture to try to make contact and just try to see what their vision is.

45:01

I I did a personal invite to this board so the new owner could explain to you guys exactly what his vision is.

45:09

Yes, sir.

45:10

New owner.

45:12

You the new owner.

45:14

Is there a new owner?

45:15

Yeah, yes, sir.

45:16

Yes, his name is Dwayne.

45:20

Yeah.

45:21

Yeah, yeah.

45:22

Yes.

45:22

He applied for a permit a couple weeks ago.

45:25

So third month ago, I think.

45:27

So that would be another another point to make just to make sure everybody's clear and everybody's on the same page.

45:34

Um Shady's is under new ownership.

45:38

Uh that is something that just recently changed in the past few weeks to a month, if I'm not mistaken.

45:45

Um I realized that a couple weeks ago at the beer board meeting that there was a plethora of calls, violations, and disorders that sound alarming that was brought before this board.

45:59

100%, they all are.

46:01

Uh I'm not discounting or mitigating any one of those.

46:05

But we do have a new owner.

46:08

Uh this is why I wanted to talk to him.

46:10

This is why I wanted him to come before this board and explain a new vision.

46:14

You know, uh, acknowledge that there's been issues in the past, acknowledge that uh you've inherited a problem, and then say what you plan to do about it.

46:24

That's still what I would like to see happen.

46:27

Um, to bring him before this board and and be able to explain that.

46:32

I think that's the only way we're gonna get a clear understanding of what his intentions are, yes, ma'am.

46:38

I know we got a new owner last couple of months, I guess, and I know you've been in your position not long, so a lot of this happened prior to that, but it's still disturbing that they've been open two years, two years and five hundred over five hundred police calls and not one citation to the billboard.

46:56

So when those people came two weeks ago, they was asking us to shut them down, but we don't have the authority to do that.

47:02

If nobody from the police department ever cites them, all the violations that they've had, and they haven't gotten.

47:07

I can't understand why they haven't received one citation.

47:10

Well, I don't know that I would say that.

47:12

So it's it's understanding the difference between civil law and criminal law.

47:17

Okay, so there have been plenty of violations that have been cited and people arrested for, okay.

47:22

Right.

47:23

So, but those that's not gonna come before this board, that's gonna go before Hamilton County Sessions Court.

47:28

Um, that's gonna be in city court for a city violation.

47:31

Right.

47:32

Um, it's not necessarily going to come here.

47:35

Um, that's the part that most people are not seeing is that there are uh enforcement actions that are being taken for a number of those situations.

47:47

Um as far as the ones here that would come in front of you guys are going to deal with permits, right?

47:55

Their permits are squared away.

47:57

They have they're abiding by what the ordinance says.

48:00

There's only one that we could argue, and that would be operating a disorderly business because of the repeated that would be something that I'm willing to explore now that I'm here.

48:11

I can't attest to what happened before.

48:13

I'm willing to explore that if this board is interested in looking at that and being able to say what are we going to do about it.

48:22

I think I would also entertain that you guys remember that we have a brand new owner.

48:27

I uh you know, if you inherit a problem, I think it's fair that you have a chance to fix it.

48:33

Um, but also recognizing that you have a problem and then it needs to be rectified sooner than later, especially in something in this particular manner.

48:43

What zone is uh that building under?

48:45

I know they got a special zone.

48:47

What is it called?

48:48

Some C C U G V C It was UGC at one time and then I think it changed.

48:53

Yes, yes.

48:54

It's a commercial mixed use.

48:55

That it was uh the urban general commercial, which is UGC.

48:59

The new zone for that is commercial mixed use, or see that in you, and then we have a one in a two, but it's CMU.

49:06

So there's no rules or anything based even on parking, even in that zone is like other businesses have to do parking requirements.

49:13

I mean, you kind of business that have several hundred people there every night, but only seven parking spaces.

49:19

So there are and and parking is part of uh a portion of what they look at.

49:25

Uh but parking kind of has its own requirements, right?

49:30

So I would have to go to that specific zone and look specifically if there were any additional parking requirements.

49:39

That's handled by the uh our transportation reviewer, Taylor Fisher and Elsie.

49:45

Uh and draw, I believe.

49:47

Um they look at those counts.

49:50

Uh as part of their review, the permits don't get issued if they don't meet those.

50:00

So and then there are some concessions available with parking and within the code.

50:07

So that's all I can speak to on it though.

50:10

But there are there are regulations.

50:12

At one time, I'm excuse me.

50:13

At one time it was UGC correct.

50:15

And that's something different now.

50:18

That's correct.

50:18

So it uh we zoning code was written and approved and adopted this year.

50:25

This year, okay.

50:26

Uh-huh.

50:27

And so that zoning code, all the zones changed.

50:31

Okay.

50:31

Right.

50:32

So the equivalent zone for the UTC is now, which was urban general commercial.

50:38

Right.

50:39

Mixed use type zone.

50:41

So now it's called commercial mixed use.

50:44

Commercial misuse or C M U.

50:47

And that's the equivalent zone.

50:49

Which still allows for the operation.

50:51

So it's not like they're legal non-conforming.

50:53

They're still legal and conforming.

50:57

Thank you.

50:58

Now that I'm finished.

50:59

So have any of the uh requirements in those in that zone changed from the original UGC.

51:09

So I would have to look side by side at the old zone.

51:13

Right.

51:13

And the new zone.

51:15

What we do have now is a use matrix, similar to the form-based code use matrix, which makes it instead of having just a list of things that are permitted and or a list of things that are prohibited, it is simply a matrix, right?

51:31

So all the zones are up top, all the uses in order by primary use, accessory use, and temporary temporary use, rather, are on the side, and you simply find the use and then go over and find the zone and see if it's either permitted by right, permitted by special exception of uh special permit or from permitted by special uh exception from city council, such as a liquor store, right?

51:59

So it's very easy to read, it's very easy to go into that matrix.

52:03

I believe that's uh section 38 of the Chinooga City Code is our zoning code.

52:08

I believe that's going to be section 41.

52:10

41.1 is the use matrix.

52:14

And if you uh expand that matrix, then what it will do is it will pull up across your screen, it will hold those zones up on the top as you scroll down the the use list, you'll be able to see all the uses, and you can quickly look at what zone it is and if it's permitted or not.

52:30

If there's a blank box there, it's not permitted.

52:32

So that's the best way I could answer your question.

52:35

Hopefully, I I answered your question.

52:37

Part of the issue that I see with this is as our city becomes more dense with population, and that's the goal.

52:47

As you see, we I'll use uh the south side as an example.

52:51

Things are being built up, not out.

52:55

You go in the suburbs, things are still being built out.

52:58

Uh, and then that's more people, more vehicles, but the streets are only so big.

53:06

So we've got kind of a conflict of where the rule of density equals, especially in Shady's Corner, for example, where they six or seven parking spaces.

53:17

Well, if it was a neighborhood bar, well, we know Chattanooga is still a mobile city.

53:22

People drive, people will go that live in East Brainerd would want to go.

53:26

I want to go to Shady's Corner.

53:27

Well, they're gonna drive down there and where do they park?

53:31

Uh and this is not just four Shady's corners, there's lots of, especially Southside establishments that there's what I would consider woeful parking, you know.

53:42

Uh you look at the suburban areas, uh the requirements for these places and bars and stuff, they've got parking, they've got a lot of parking that comes with it.

53:52

So it's a conflict that I think eventually the city needs to address in a more specific way, uh, if they can, and it'll involve the city council and uh the mayor's office, uh, and that's part of it is uh where do we where do we reach that point where this you know uh you've got to take into consideration the people who live there because it's their neighborhood, and I like you know the idea of a neighborhood bar is great, but if it's a popular place, it's gonna attract people from all over.

54:28

And and and that's uh that's a testament to the person that's running that business.

54:34

If they're running an establishment that people like to go to, uh it's it's tough.

54:40

It's tough.

54:40

It's it's not an easy question to answer or solve right now.

54:45

Not an easy question, but as a business owner, you should take the responsibility of your business.

54:53

Absolutely.

54:54

And Shady's corner has been a problem.

54:56

I agree.

54:57

It has been a problem.

54:58

I agree.

55:00

That's one of those people who came here and spoke.

55:01

I believe everybody that's one of those people that came here and spoke.

55:03

Oh, I did too.

55:04

And it to see them in so much distress, and especially the people that are sickly, that stand up two, three, four, five o'clock in the morning while we're asleep, something needs to be done.

55:15

I agree.

55:15

I I'm looking at the 500 calls that were received.

55:20

I don't see how they have not received a disorderly uh operating disorderly business citation.

55:26

They have.

55:26

In 2023, they did get one, and it was based off of noise.

55:31

But it was not sus, it was not sustained.

55:34

Um because I think most of the uh complaints were made by one person.

55:40

I'm remembering correctly.

55:42

Yes.

55:42

So I just wanted to kind of correct that that they have been cited before.

55:48

It just hasn't been sustained.

55:50

They were cited before, and they also filed the appeal.

55:53

And I think we kind of went back and forth until we finally whatever was decided, we finally just let it go and it's not sustained.

56:01

But what that older gentleman, Mr.

56:04

Rudolph came in here, and also Mr.

56:06

I mean, and forgive me if I pronounced his name wrong.

56:09

Um, he also came in here from the mosque as well.

56:13

But now we have the people from more uh attendees from the mosque.

56:18

We also have other people in the community that are complaining.

56:22

This this is a problem.

56:24

That place is a problem, and some somebody needs to do something about it.

56:30

I don't know if it's fitting, uh, but we can put it up for discussion.

56:34

Uh, and I want to city attorney move to make a motion that Sergeant Cowan did ask if we deemed to have him look forward into disorderly.

56:46

I think that should be part of the motion.

56:49

But also the second part of the motion would be if we can have zoning, uh, just bring back some clarity regarding uh this new C MU in specific to Shady's Corner.

57:04

Uh so those should be two different motions.

57:08

Okay, because they just two different things.

57:11

Gotcha.

57:12

Um so let's go with the first one first.

57:15

Okay, okay.

57:16

I'd like to make a motion that uh this board would allow Sergeant Carl Cowan to look further into disorderly conduct regarding Shady's corner.

57:28

All right, there is a motion.

57:29

Is there a second?

57:30

Second, uh discussion to the motion.

57:33

Well, he just said that he was there last week and it was loud, but he didn't see anything disorderly, and he was there for two hours.

57:40

He decided that 500 phone calls, yeah.

57:43

That's a problem.

57:44

And that is a problem, and he went and investigated.

57:46

It didn't so as a point of clarification.

57:50

I would just like to say that if we're talking about citing for operating a disorderly business, that's gonna be based on historical data.

57:59

So what you guys are talking about would be me going and citing them for the the repeated past history events.

58:08

Keep it in mind that we have a new owner.

58:11

Um and should you guys look to press forward on that?

58:16

I'm good with that as long as you have all the right information of what that looks like.

58:19

Let me hang on, I'm gonna recognize everybody one at a time.

58:22

Uh Zach.

58:24

Uh a couple things.

58:25

One is they can be violated for overcapacity, which it sounded to me like they have an unbelievable amount of people inside.

58:33

They do, but uh every bar check I've ever conducted there, they've never even been close to capacity, and their security is on spot.

58:41

They are there with counters, counting people in and counting people out.

58:46

Uh, permit-wise, Shady's is a model.

58:49

What about serving intoxicated individuals?

58:55

I can't speak to that.

58:56

Well, I that I know that happened.

58:57

That's just like the normal industry standard in bars is serving intoxicated people.

59:02

But these people are coming out and urinating on the mosque, being super loud, noise violations, and if we have an avenue to enforce that part of the ordinance, then I think it needs to be explored.

59:14

100%.

59:15

Which would require another investigation for us.

59:18

Veronica.

59:19

Do you it was mainly a comment?

59:21

I keep hearing him say we got a new owner.

59:23

We got a new owner that don't even live in the city.

59:26

And he's not even out there, they don't see this.

59:28

When those people spoke two weeks ago, not only was they crying, I was crying.

59:31

Some tears actually came out of my eyes, and some was on the inside.

59:34

But how they have to live and deal with that.

59:36

Just in 2025, they've already had 269 calls.

59:41

Let that happen to any.

59:50

Shady said 269 calls in 2025.

59:54

We need to do it the year.

59:56

Only thing they haven't had is a murder.

1:00:00

And they still don't have a citation from China Police Department.

1:00:01

We can't cite them.

1:00:03

Christy, did you have a comment?

1:00:05

Okay.

1:00:06

She said when it came to being a new owner, he's not even answering your phone calls.

1:00:10

So that tells me that he's not even interested.

1:00:13

He's just there to make money.

1:00:14

Yeah, I did.

1:00:15

Let's go on record when Sergeant Woods was here.

1:00:20

He went back in the archives of I don't know if it's the dream or one of those nightclubs.

1:00:28

And he cited them on past violations to bring them forth.

1:00:35

I understand and respectfully as a new owner, but we got an issue.

1:00:39

And again, 511 calls.

1:00:42

There's got to be something done.

1:00:44

And so I want to still move forward and saying if we need to go back, we gotta re investigate.

1:00:50

Let's investigate.

1:00:51

Brooke.

1:00:52

Two things.

1:00:53

One, so because there's a new owner, there is a new beer permit.

1:00:58

Yes.

1:00:59

So we're going to cite them and violate them on a peer per a beer permit that doesn't exist anymore.

1:01:06

Because they have a new one.

1:01:08

Is it, and then my second part is can't we as a board send them a letter personally invite them listing some of the issues?

1:01:18

I mean, I would assume that they know what's going on, but do they know that 40 people came in here last time and cried for two hours?

1:01:26

Sergeant Calvin just said that he notified this personally to even come in here.

1:01:31

And he hasn't responded to him.

1:01:33

I understand I I heard him.

1:01:34

So as a just as a point of order.

1:01:37

But that didn't work.

1:01:38

Well, what she's saying is exactly what I'm meaning.

1:01:40

That's what you think.

1:01:40

I don't uh you don't have to convince me that somebody needs a citation.

1:01:44

I'm not arguing that point in the least.

1:01:47

Uh I just want to make sure that you guys have all the facts that will be brought before you when you're making that decision.

1:01:53

And this is indeed one of them.

1:01:55

You're you you would be punishing someone for a beer permit that don't exist anymore.

1:01:59

And that's all perfectly fine as long as you you guys are aware of all the information.

1:02:03

Right.

1:02:03

And earlier that the new beer permit was issued how a few months ago.

1:02:09

How long ago?

1:02:11

We're gonna look it over because then we can go historically to the record and just do the history of the new beer permit, contracts calls.

1:02:21

Catherine's gonna look that up for us.

1:02:25

But I do understand that you've reached out to him, but as the board, can you look that up and see when they were Catherine's computer just froze?

1:02:36

Technology's great when it works.

1:02:42

And Brooke, Sergeant Cow, and while they're looking at it, I really respectfully understand.

1:02:47

I totally understand.

1:02:48

As a business owner, I really understand.

1:02:51

But I think us being appointed to this board by community, by the mayor's office, we owe some just to the people that was here a couple weeks ago.

1:03:06

I understand new ownership, but I'm like, we've been called and appointed to serve.

1:03:14

It's not our fault that ownership has changed, but we have to hold some people accountable and even letting him know this is what you inherit, bro.

1:03:26

Agreed, but you do have to operate within the confines of the law.

1:03:31

We can we're not talking about morally, obviously, all of us are very upset by this.

1:03:35

I couldn't imagine a single person in the community that wouldn't be bothered by what happened here last week.

1:03:40

Right.

1:03:41

But we can't just go and do whatever we want.

1:03:43

We have to follow the rules.

1:03:44

And the rule is I mean, yes, if this new owner is cited for something, then we're talking about a whole different situation, but you can't go punish somebody for something somebody else did.

1:03:54

And that's why Sergeant Cowan is going to do a dick dive into Shady's.

1:04:00

I mean, it wasn't until they did dick dive until they really found out that they were selling cocaine in the kitchen.

1:04:05

Which should be a violation of the beer code, correct?

1:04:08

Because you were talking about civil versus criminal.

1:04:12

But I but is it can you commit?

1:04:16

I think that's still an ongoing investigation.

1:04:18

That's right.

1:04:19

If something is convicted, then the beer board can do something, but you can't just go do stuff because you want to, you gotta follow the rules.

1:04:26

Well, as an owner, as a business owner, you should do your due diligence by doing the history on the on what you're buying.

1:04:32

But you don't have to.

1:04:33

So let me get back to that.

1:04:34

That's why he's having his problem.

1:04:36

Yeah.

1:04:36

So let me get back to the question.

1:04:38

Bertha, do you know when the new license took effect?

1:04:41

Yes.

1:04:42

Took effect.

1:04:42

They made application on 826 of this year.

1:04:46

Dwayne France and Robin.

1:04:49

What day was that?

1:04:51

826.

1:04:55

I don't know.

1:05:00

Can you look and see was there any calls made to the center anytime from August and now when did we approve the license?

1:05:11

The approval.

1:05:13

Thanks.

1:05:14

On 9-3.

1:05:15

So it would still be 9 3.

1:05:16

And it was calls after that because I believe Mr.

1:05:18

Amin went over to the police department and got the fouls in back in September of 20, well, September the 22nd, and it was called the end.

1:05:27

Yeah.

1:05:27

Because there were calls all the way through the end of September.

1:05:29

Yes.

1:05:30

I'm not arguing that's a nuisance.

1:05:32

I'm just arguing the point that there has to be a violation for us to do something.

1:05:37

So when the cops show up, whatever is in the parameter of them, hey, I'm citing you for this.

1:05:42

Also, here's a beer code violation.

1:05:44

But until they do, I mean, other than that, uh what would we do?

1:05:48

Go to city council?

1:05:49

Rod?

1:05:50

Somebody above us?

1:05:51

I'm just gonna say when they do this deep dive, we've got to figure that this deep dive is gonna get bigger.

1:05:57

It's not just three places that we need to a target here.

1:06:01

We need to target everything in the city or everything in the codes that uh can have this problem.

1:06:10

You can't just pick out three and you know I think Zachary.

1:06:16

Zachary, sorry.

1:06:19

Biggest insult is a good thing.

1:06:22

Um please accept my just this.

1:06:24

I mean, I you know, there's there's this bigger problem and da da, but this is you know, an immediate need.

1:06:31

Right.

1:06:31

Um, I think the over the selling to intoxicated individuals is a good avenue in the disorderly conduct and just doing the historical analysis since September, whatever date that was.

1:06:41

And then they could be there's no question we can't enforce anything that they haven't had a citation for, but they could very well come back with a couple citations uh before our next meeting.

1:06:52

Good point.

1:06:53

I just if I'll uh speak to this just a second.

1:06:56

There are violations and then there are complaints.

1:07:02

There's a difference.

1:07:03

Violation is a violation of our code, the law, the black and white code that we operate by.

1:07:09

A complaint is someone who's not policing their business properly, not being aware of their neighbors and the neighbors are complaining.

1:07:19

So we've got to make sure if we want to pursue this, that there is a violation of the beer code as we know it, because that's the only thing that we have uh have jurisdiction over.

1:07:33

Uh we can be sympathetic, and we are, and I agree with everybody.

1:07:38

You know, I was uh it's horrifying, it's terrible.

1:07:42

I'd be if it was happening in my neighborhood, I'd have been right down there in the front of it, uh complaining, but we've got to if we want to be uh if we want to lose win our case on appeal, because that's the reality we face is they can appeal us to Chancery Court, and then it really goes to what does the law say, what do the rules and regulations say, and can we be arbitrary?

1:08:11

And we can't.

1:08:12

We can't be arbitrary, we have to follow it as closely as we can.

1:08:17

So uh, and we have to let businesses know by doing this properly.

1:08:22

We have to let businesses know that we're serious about this, and I think we are serious about it, but it's a matter of establishing how we be serious about it.

1:08:34

Okay, that's I don't know.

1:08:35

I'm sorry, Brooke.

1:08:36

Well, uh so is the beer board the only organization or can anyone else in the city revoke a beer license or just us?

1:08:47

If the complaint was big enough, who else could they go to?

1:08:51

So the beer board has the authority to revoke a license.

1:08:56

Right.

1:08:56

I understand, right?

1:08:57

Um I think that if the complaints are serious enough, they should go to city council with that.

1:09:06

They have the authority, they don't have the authority, but they do have the authority to enforce or make ordinances and recommendations and and but uh whatnot.

1:09:19

Catherine, as a clarification for me.

1:09:22

In the past, we have closed not we, the city of Chattanooga has closed facilities because they were declared a public nuisance.

1:09:33

Yes, so there is a legal process that that goes through that the city does that's independent of us.

1:09:40

We're we're contributing proof, we're contributing uh information to that process, but we don't make that decision.

1:09:49

Am I correct on that?

1:09:50

You would be correct.

1:09:51

In a situation like this, when our hands are tied, it would be good for the community to know that it's not just us, they can go elsewhere.

1:10:00

That's why we recommended that they go to the city council, because then the city council then can then turn to the city attorney's office if I'm speaking correctly, and say we the council feel like this is a public nuisance.

1:10:15

And then there is a procedure and process that goes through the courts.

1:10:20

It's it's a isn't that right, Catherine?

1:10:22

It's a court it goes through the courts and uh and a judge has to decide whether it is a public nuisance or not.

1:10:29

So there are remedies.

1:10:31

There what I'm saying is there are remedies, but it's nothing the beer board can make it.

1:10:38

It's not something the beer board can do.

1:10:40

Yes, I understand unless we have a citation for over serving uh or other things that violate our beer code.

1:10:52

So let me just ask a question.

1:10:54

Thank you.

1:10:55

Yeah, I don't know if y'all can answer this.

1:11:00

If there was spike drinks, that's a violation.

1:11:09

Does that come before the beer board?

1:11:12

What would the violation violation right?

1:11:16

That's criminal.

1:11:17

Well, I mean, for I mean, this license is the cut is the company, and they're doing whatever to drinks and harming people.

1:11:24

Does that come before us?

1:11:29

I know that you're gonna have to put more context to it.

1:11:32

Yeah, um, in terms of criminal, uh, would that be a criminal violation?

1:11:37

But as as far as civil and how that would be affected from the permitting system, I'm not a hundred percent unless you can tie the owner into knowing that this was occurring at his bridge.

1:11:50

Okay, and I'm just asking because how would how would we know that the owner was aware that something was afoot in his business?

1:11:59

Okay, and I'm asking, and I'm gonna be so transparent, because if there was an accident that took place downtown, and they say, Well, I just left Shady's corner, they gonna go cite Shady's corners as well.

1:12:17

But what's the what's the proof?

1:12:20

Not necessarily.

1:12:21

That might be an assumption.

1:12:23

Well, it's part of the investigation, and if you can prove that someone was over-served through tabs and video documentation, some other type of evidence, there would be a criminal charge of that, yes.

1:12:37

Okay, okay.

1:12:38

Once again, as far as being cited here to the beer board, I think you would have to have that nexus of the owner knowing that something weird is happening at his business, and he's allowing it to go on.

1:12:49

Well, I'm I'm gonna digress after this because I I just I've known it through several business owners who have been affected with with law enforcement or city officials, and I'm not talking about my former place, others where they showed up saying we have heard people came to the hospital because they left here, or they got sighted because they was here, and they are uh facing consequences or whatever the case may be, and that whole behind the scene off of I certainly can't attest to those situations.

1:13:25

If I can just tell you with my experience and my knowledge uh right here today, um I don't I don't see that nexus there.

1:13:34

Okay, is it cause for an investigation to look further into it?

1:13:37

100%, absolutely.

1:13:38

Okay, and then the result of that investigation would dictate what my next option would be for me personally as as an officer.

1:13:46

Okay, I dig that uh it Zach, if you I would just like to draw you guys' attention.

1:13:50

It seems like the the climate of the questions um are kind of more questions towards a criminal.

1:13:58

So to what Sarge was saying, Section 550 grounds for revocation or suspension of permit.

1:14:06

Subsection B, subsection 15.

1:14:11

It speaks to kind of the questions you guys were asked asking.

1:14:16

So I would just draw your guys' attention to where it says allow their establishment to be operated in a disorderly manner, and then it lists the TCA of some disorderly conduct things.

1:14:26

But again, it goes to the knowledge of the licensee or the permit holder, knowing that they're doing that and then permitting such conduct.

1:14:37

So it may be that legal needs to look at that, and you guys need to maybe would want to look at that section as far as the other activities that are happening at the business and how that may be.

1:14:51

That's all I wanted to say.

1:15:00

And then back drawing going back to the question regarding the parking section article uh 12 of the zoning code chapter 38 talks about off street parking and loading and the general requirements for parking.

1:15:08

Uh section 3852, Ms.

1:15:11

Dunson is the section that uh has the parking requirements for the off-street parking.

1:15:18

Okay.

1:15:18

3852.

1:15:20

Correct, Article 12 of chapter 38.

1:15:23

Chapter 38.

1:15:24

Thank you.

1:15:24

To be clear.

1:15:25

Okay.

1:15:26

Zach questions on that.

1:15:29

Those laws about off-street parking that goes to the responsibility of the permit holder or not.

1:15:39

So these are just requirements for development.

1:15:44

Right.

1:15:45

So they're not imposed per se upon existing development unless there is specific language in there that allows for that.

1:15:57

Another point.

1:15:58

Yes, sir.

1:15:59

Okay.

1:15:59

Another point in regarding to the section he was just reading about disorderly conduct, disorderly manner, is or if there is evidence that any violation of law has occurred on the premises.

1:16:13

Evidence, I don't think that means necessarily a criminal conviction.

1:16:21

I see what you're saying.

1:16:22

It's just if there's evidence in testimony by community members, and if there's been reports, if there's evidence that is in the record, even with the police department that cocaine's being sold on the premises, that's evidence that it's disorderly manner.

1:16:40

I really don't, I I mean, my my sensibility on this is to bring the hammer down as soon as possible.

1:16:46

Yeah.

1:16:47

Uh and and not give the business owner any further notice from the board.

1:16:51

He's had he's been sufficiently notified, it's on YouTube.

1:16:54

You can watch the whole meeting from last time.

1:16:56

He's had access to it, it's public record.

1:16:58

He spoke to the news, he made a comment statement to the news.

1:17:01

So why is he not responding to Sasad County?

1:17:03

Yeah.

1:17:04

Let me see this.

1:17:05

So can you go back?

1:17:07

Because that investigation is still under investigation, but that has happened since September 3rd.

1:17:15

Can you go back and issue a citation for violating the beer code based on that?

1:17:19

I can.

1:17:19

And that would bring the case.

1:17:24

And in all reality, reference this entire pamphlet right here.

1:17:29

I can have our CIAU pull all of the active call calls from September the third when they took over, and then I would have an act of I looked here through my way, but it's it's not showing me right the true historical data.

1:17:45

So I would have to pull that through the official official means.

1:17:48

But as far as the citation goes, I can I can do that based on what the community has presented.

1:17:55

This is their work.

1:17:56

Um this is the evidence that that they revealed.

1:18:00

I can bring up what we have since September the third, and then issue the operating a disorderly business and then you guys would hear if there's been a charge brought against individuals that were selling cocaine in the establishment.

1:18:17

That on y'all's end is probable cause to bring such charges to me as evidence that criminal activity is happening on the premises.

1:18:25

Right.

1:18:26

And that's public record.

1:18:27

My my concern, I just think I feel like Sergeant Cowan has bent over back was trying to contact this man.

1:18:34

And he has not even did the due diligence of even trying to respond to him.

1:18:40

Obviously, he knows stuff is going on there because of the statement that was made to the news.

1:18:46

So I just feel like he it's a money grab.

1:18:49

He he doesn't care, money.

1:18:51

All right.

1:18:52

Um go ahead.

1:18:54

Sorry.

1:18:54

Just say one thing before we go off the subject.

1:18:56

Uh I'm not disagreeing with what you're saying about the recent criminal activity.

1:19:01

However, it should just be noted that I cannot speak to that.

1:19:04

That's an ongoing investigation that uh I cannot or or will not speak to it.

1:19:10

Can you speak to whether charges are then charges were brought?

1:19:13

Yeah.

1:19:13

Charges were wrong.

1:19:14

Okay.

1:19:15

So we have a motion before the board.

1:19:23

If we need the motion, what do you see?

1:19:30

Let me see if I can.

1:19:32

Yeah, let me make a motion that uh Sergeant Calvin uh do a deep dive into disorderly conduct for uh Shady's corner and be able to bring citation upon you.

1:19:42

Would you define what you mean by deep dive?

1:19:45

Right.

1:19:45

Yeah, yeah.

1:19:49

Yeah, yeah.

1:19:50

That's right.

1:19:50

I make a motion.

1:19:52

The Sergeant Cowan go back uh to previous records, find find a way to cite Shady's corner to bring it before.

1:20:00

Find find a way to cite Shady's corner to bring it before I think you can't see five away, but if I know we have a motion on the top of the right now, no, yeah.

1:20:08

Is it true?

1:20:08

We have a motion on the table right now.

1:20:11

Can I make a motion to amend the motion?

1:20:14

Yeah, help us.

1:20:16

I move that the city do an investigation into both uh over serving serving intoxicated individuals and operating the business in a disorderly manner that includes but is not necessarily limited to um the historical record.

1:20:40

That's and the testimony of all the people that were here last meeting.

1:20:47

I'll second it.

1:20:49

Okay.

1:20:50

So that is a motion to amend the motion.

1:20:53

So is there and there's a second, is there a there should be no discussion to the amended motion.

1:20:59

So let me call the roll on that.

1:21:00

That's about this guy.

1:21:02

And uh Christy uh Brooke?

1:21:06

Yes, Ronica?

1:21:08

Yes, Ron, yes, JW, yes, Reginald, yes, Betsy, yes, uh Zach, yes, and the chair votes yes.

1:21:17

Now is there a is there uh now I will call the roll on the amended uh motion.

1:21:26

We've amended the motion.

1:21:28

Now I'm gonna call a roll again to vote on that newly amended motion.

1:21:32

Am I doing that correctly, Catherine?

1:21:33

No, I think we think I am there.

1:21:36

I think there should be a discussion on the amended motion.

1:21:38

Okay, any discussion on the amended motion.

1:21:41

Thank you.

1:21:42

Yeah.

1:21:43

I don't think no discussion noted.

1:21:46

All right.

1:21:46

Yeah.

1:21:47

Somebody will call the question.

1:21:50

Say call a question.

1:21:51

Call the question.

1:21:52

All right, good.

1:21:53

All right, I'll call the roll.

1:21:54

Christy.

1:21:55

Yes.

1:21:56

Brooke.

1:21:57

Yes.

1:21:58

Yes.

1:21:59

Ron.

1:21:59

Yes.

1:22:00

JW.

1:22:00

Yes, sir.

1:22:01

Reginald?

1:22:02

Yes.

1:22:03

Betsy.

1:22:03

Yes.

1:22:04

Zach.

1:22:05

Yes.

1:22:05

And the chair votes yes.

1:22:06

Y'all made me get the Roberts Rules of Order order out on that.

1:22:09

We did a good job on that too, though.

1:22:12

Okay.

1:22:13

So that uh we do have one beer violation, but we've been asked to pass that to the next meeting because our hearing officer is not going to be available for the meeting today.

1:22:25

So that's really a point of information.

1:22:28

I don't do we need to vote on that.

1:22:30

Uh no, because that's a hearing officer thing.

1:22:33

And it would be passed to December 18th, not the next meeting.

1:22:37

Not excuse me, not the next meeting to December 18th.

1:22:39

Thank you.

1:22:40

I have a point of information about that.

1:22:44

And a question.

1:22:45

Is there another public hearing officer that can hear that?

1:22:48

We are working on that right now.

1:22:50

Okay.

1:22:50

That's all I need to ask them.

1:22:53

We skipped one thing on the discussion.

1:22:55

It says for a discussion where uh JW asked to send the city council about the ordinance.

1:23:01

Oh, I'm sorry, excuse me.

1:23:03

Thank you, ma'am.

1:23:04

I think we probably just need to avoid that because they said it was clear on the papers that decided seven days.

1:23:10

Right.

1:23:11

Okay.

1:23:11

Okay.

1:23:13

All right, thank you.

1:23:14

Thank you very much.

1:23:15

Sorry about that.

1:23:16

I was see number four on the agenda.

1:23:18

Yeah.

1:23:19

The rescheduling of the meeting.

1:23:35

So Catherine, do you have any suggestions on when we would reschedule the meeting?

1:23:41

Um do it that Friday if the room is available, if everyone else is available.

1:23:51

I know it was right after the new year.

1:23:53

Yeah, I will be out of town.

1:23:55

I am not available.

1:23:56

Okay.

1:23:57

Right.

1:23:58

So let's uh rule.

1:24:00

What about the next Thursday instead of it being the first doing it on the second?

1:24:05

I mean, that's fine.

1:24:07

Um we'll just have two meetings back to back the way that falls.

1:24:13

Well, but through the regulatory process, that's not gonna be closed.

1:24:18

So the people that are applying, and if they meet all the regulatory, they can be approved even if we don't have a meeting, and then we recognize that approval at our next meeting, which would be the third Thursday of January, the 15th.

1:24:35

Does that make sense to everybody?

1:24:36

You see what I'm saying?

1:24:38

If we don't have a meeting on January 1st, that doesn't mean they still they still can't do the the open gov regulatory process and go through everything, and of course, city government will be closed for a couple of holidays days, but yet it'll still be open.

1:24:56

They can and they can get their approval online.

1:25:00

So the only problem with that is I don't necessarily think you can skip a meeting because it's in the ordinance that you have two meetings first and third Thursday.

1:25:11

But we can reschedule one.

1:25:13

All right.

1:25:14

Well then I would move that we reschedule it to the next Thursday the 8th January 8th.

1:25:19

January 8th.

1:25:20

And then if we have a quorum we have a quorum and if we don't we don't okay so move all right so uh do we don't need to vote on that do we?

1:25:30

Yeah we do okay we do there's a motion to move the is there a motion to move the January 1st 2026 meeting to January the 8th 2026.

1:25:40

I make a motion that uh there's a rescheduling of January 1st 2026 meeting scheduled to be on January 8th 2020 twenty six all right thank you is there a second discussion all right I'll call the roll on that one uh I'll go backwards Zach yes Betsy yes Reginald yes I'll be in attendance yes one veronica yes Brooke yes Christy and the chair votes yes all right very good and now come to the public comment is there anyone from the public that wishes to comment Bertha has it the board Bertha we need to make sure this room is available okay all right well it's subject to the room being available and if not then we'll have to punt and start over again right I think we do have time to revisit it before we have a smaller one let me check yeah gonna look anybody from the public that wishes to address the board no thank you it's been a very good discussion this morning and uh I want to thank all the board members for the discussion that we've had today it's very thoughtful and uh thank you for you officer and thank you Zach can I can I just want to thank Sergeant Cowan again I know we have harsh conversations or we're pushing and I know your job is to protect and serve and do your due diligence so thank you for what all you do uh I just think again as I said earlier uh without going outside the lines we as a board all the people as well it's a balance between what you do and what we do and we're not against each other but we're for each other but trying to stay within the lines so I know sometimes they get harsh or I may not come out the same way but again we have had side boy conversations and our run-ins but I'm still grateful and thankful what you do thank you very much I couldn't agree more I want to say that well I'm I'm excited to to have a representative of the police department that is up with the issues of the day and I think that's important because we are the public forum for this we are the public forum and uh and it's uh it's a it's very reassuring to me that that the the hard work the the feet on the ground work is being done by a very competent officer and we appreciate that very much really good it's available Bertha good thank you thank you very much all right any further discussion then or is there a motion to adjourn to adjourn all right all in favor of adjourning signify by saying aye aye opposed thanks again very much thank you for giving your opinions

Discussion Breakdown — Share of Meeting
Beer Board Regulations████████████████████████████████████████████44%
Public Safety███████████████████████████27%
Parking Management███████████████15%
Procedural███████████11%
Planning And Zoning███3%
Summary of Proceedings

Chattanooga Beer Board Regular Meeting - November 20, 2025

The Chattanooga Beer Board convened on November 20, 2025, to approve minutes, review beer permit applications, and address ongoing compliance issues at several establishments. Key discussions focused on a citation at Cabana, an investigation into Shady Corner (which has drawn over 500 police calls), and parking and hours concerns at Let's Paint. The board voted to authorize a comprehensive investigation into Shady Corner's operations.

Consent Calendar

  • Minutes Approval: The board approved the minutes from the November 6, 2025 meeting unanimously.
  • Special Permits (TE 106, TE 108): Both the Smart Music Project (Christ Kindermart, organizer Robert Davis) and TE 108 were approved by regulatory staff and noted as approved.
  • New Beer Applications:
    • Heat and Cush LLC: Application for beer at 1355 [street name not specified] was approved; this represents a change of ownership from the former Frank's grocery.
    • J Hot Ma doing business as NAPCO #876: Application for carry-out beer at 200 Browns Ferry Road was approved by regulatory after confirming sales were still occurring within six months, making proximity to a protected property irrelevant.
    • Summit Art Ink doing business as Arlery (Curtis Anderson): Application at 516 East Main Street (corrected from 74 Stop View) was held up by a failed fire inspection. The applicant provided evidence of re-inspection, which legal staff confirmed, and the application was approved.

Public Comments & Testimony

  • No members of the public addressed the board during the public comment period.

Discussion Items

  • Violation Update (from October 16 meeting): The fine for Circle K has been paid; it was noted that the violation form clearly states payment is due within seven days.
  • Regulatory Visits (from November 6 meeting request): Sergeant Cowan reported on follow-up visits to Cabana, Shady Corner, and Let's Paint:
    • Cabana: Their beer permit expired December 31, 2024. Despite being asked to renew, they continued selling beer. Sergeant Cowan issued a citation for operating without a permit, with a hearing set for December 18, 2025. The establishment still holds a valid ABC license for liquor, so it remains open but cannot sell beer.
    • Shady Corner: Under new ownership (Dwayne France and Robin, permit approved September 3, 2025). The property has only seven parking spots, leading to overflow parking in adjacent residential areas. In 2025 alone, there have been 269 police calls; historically over 500 calls. Sergeant Cowan noted the new owner has not responded to his outreach. The board discussed whether to pursue a citation for operating a disorderly business, taking into account the new ownership and the need for evidence of violations.
    • Let's Paint: Has a similar parking issue; only three dedicated spots with the rest being paid parking. Operating hours listed on the permit (10 a.m. to 10 p.m.) may conflict with actual late-night operations, though the ordinance only requires alcohol sales to cease by 3 a.m. No immediate enforcement action was taken.
  • Zoning and Parking: Board members discussed the new Commercial Mixed Use (CMU) zoning code and its parking requirements, referencing Section 3852 of the zoning code. It was noted that the code does not directly address existing businesses' operational parking issues.
  • Beer Permit Renewal and Distribution: A distributor (Eddie Davis of Tri Star Beverage) explained that his company will not sell beer to a permittee without a valid permit. The board discussed how to coordinate among all distributors to prevent sales to expired permit holders.

Key Outcomes

  • Motion to Investigate Shady Corner: The board passed an amended motion (vote: Christy - yes, Brooke - yes, Ronica - yes, Ron - yes, JW - yes, Reginald - yes, Betsy - yes, Zach - yes, Chair - yes) directing Sergeant Cowan to conduct a comprehensive investigation into over-serving intoxicated individuals and operating a disorderly business at Shady Corner, including historical records and testimony from the previous meeting. He may issue citations based on evidence.
  • Rescheduled Meeting: The board voted to move the January 1, 2026 meeting to January 8, 2026 (subject to room availability). All members voted in favor.
  • Other: A beer violation case was postponed to December 18, 2025 because the hearing officer was unavailable.

Meeting Transcript

Good morning. I'd like to call this meeting of the Chattanooga Beer Board to order. And welcome to everyone. All meeting attendees must sign in at the designated sign-in sheet to meet the requirements of the sunshine law. Please at this time silence all of your electronic devices, either turn them off or mute them so we won't have any disruptions. And please speak up. First item on our agenda is uh a notation that on the October 2nd, 2025. Uh there was no meeting because we did not have a quorum. And then the second item is the approval of the minutes of November 6, 2025. Is there a motion to approve those minutes? So move. All in favor of approving the minutes signify by saying aye. Aye. Opposed. Okay. All right. Uh anyone wishing to come before the board today uh at this time the our court reporter will swear you in. If you're going to come up and speak before the board, you need to be sworn in at this time. Anybody that's going to be speaking to that one. That the testimony you're doing today will be the truth. And I think about the truth. I do. Very good. Um we have uh beer applications approved by the regulatory. We have none. Do we have any to uh uh add to that list at this time that have been approved since this was published? Uh yes, I believe so. Um the TE 106, the Smart Music Project was actually approved. And uh TE 108 was also approved as well. Okay, so then that takes us to Smart Music Project, Christ Kindermart, Robert Davis organizers. Anyone here for that group? That was approved. E107 was not approved yet. Oh wait, it was just it was approved. Oh, it is approved, Bertha. I'm sorry. Okay, didn't see you there. All right, thank you. Gotcha. Uh TE 108 has been approved. All right, so that takes all of the uh special permits. All right, new beer applications. Uh Bertha has uh first item is Heat and Cush LLC beer 1355. Have any of these been approved? Uh they weren't sworn in. Yes, she was sitting there. She doesn't stand out. I agree with that. They have or have not been approved. They have.

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